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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi Jo, A friend of mine who was employed by a recruitment

Customer Question

Hi Jo,

A friend of mine who was employed by a recruitment agency was arrested for Fraud by Misrepresentation.

The company he worked for was a company that employed Foreign workers Romanian and Bulgarian workers who were able to work as Self Employed before the restrictions were lifted in January 2014.`

However when he was working for the company the workers were not genuine self employed and 95% of the 500 workers could not obtain a National Insurance from the Department of Working Pensions (letters were provided to the Police). Also the companies solicitors also informed the Directors they were not genuine self employed and they were classified as workers (Letter of this was also provided to the Police)

Also there were other aspects such as the director trading through another company without accounts being done and there were testimonials from clients and workers and all these were provided to the police.

Whilst he was working there the directors did all the payments to the workers he never had any access to the payments or the Banks except banking cheques when they arrived.
One of the Directors then asked him if they could use his accounts to divert some of the monies into his account which he said was OK obviously he was paid for this.

Then in October 2012 he was asked by one of the workers that they had been to the DWP for a National Insurance Number 7 times and they were refused and they wanted to know there legality ie status and he informed the worker they were not genuinely self employed and they were classed as workers and the company was operating illegally and she should have a work permit which she never had and she could be prosecuted or fined.

The directors found out and they sacked him and implicated him in trying to steal the money which he denied and told the police the money had never been spent and its in the account and it has never been touched which the police confirmed.

The money has since been given to the company by the CPS and he has been on bail since October 2012 till now and still waiting to know if he is to be charged.

Can all the documents be used that the company was trading illegally. The last time he was interviewed by the police in December 2013 the officer kept stating it was illegal for which he replied yes he is aware of that but then the company has avoided paying PAYE and non of the workers had a work permit either for which he never replied and non of them have been paying Tax or National Insurance as they could not obtain a National Insurance Number so effectively they were getting cash in hand.

The other question is how long can he be on bail and can he make a complain about the length of time he has been on bail.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

What would you like to know about this please?
Customer: replied 3 years ago.

Hi Jo,


 


Please read the above and can he use all documents to prove that the company was operating illegally and how long can he be on bail for?


 


 


 

Customer: replied 3 years ago.

Hi Jo,

A friend of mine who was employed by a recruitment agency was arrested for Fraud by Misrepresentation.

The company he worked for was a company that employed Foreign workers Romanian and Bulgarian workers who were able to work as Self Employed before the restrictions were lifted in January 2014.`

However when he was working for the company the workers were not genuine self employed and 95% of the 500 workers could not obtain a National Insurance from the Department of Working Pensions (letters were provided to the Police). Also the companies solicitors also informed the Directors they were not genuine self employed and they were classified as workers (Letter of this was also provided to the Police)

Also there were other aspects such as the director trading through another company without accounts being done and there were testimonials from clients and workers and all these were provided to the police.

Whilst he was working there the directors did all the payments to the workers he never had any access to the payments or the Banks except banking cheques when they arrived.
One of the Directors then asked him if they could use his accounts to divert some of the monies into his account which he said was OK obviously he was paid for this.

Then in October 2012 he was asked by one of the workers that they had been to the DWP for a National Insurance Number 7 times and they were refused and they wanted to know there legality ie status and he informed the worker they were not genuinely self employed and they were classed as workers and the company was operating illegally and she should have a work permit which she never had and she could be prosecuted or fined.

The directors found out and they sacked him and implicated him in trying to steal the money which he denied and told the police the money had never been spent and its in the account and it has never been touched which the police confirmed.

The money has since been given to the company by the CPS and he has been on bail since October 2012 till now and still waiting to know if he is to be charged.

Can all the documents be used that the company was trading illegally. The last time he was interviewed by the police in December 2013 the officer kept stating it was illegal for which he replied yes he is aware of that but then the company has avoided paying PAYE and non of the workers had a work permit either for which he never replied and non of them have been paying Tax or National Insurance as they could not obtain a National Insurance Number so effectively they were getting cash in hand.

The other question is how long can he be on bail and can he make a complain about the length of time he has been on bail.


 


Optional Information:
System of Law: England-and-Wales

Expert:  Jo C. replied 3 years ago.
Sorry, can't help.

I will see if anybody else can.
Customer: replied 3 years ago.

Hi Jo,


 


Please see if anyone can help


 


 

Expert:  Ash replied 3 years ago.
Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

The other question is how long can he be on bail and can he make a complain about the length of time he has been on bail.

Sadly there is no time limit. It depends on the length and depth of investigation. He could be on bail for years if it is a complicated fraud issue.

If he is not satisfied about his treatment he can complain to the Chief Constable.

Can I clarify anything for you about this today please?

Alex

Customer: replied 3 years ago.

Hi Alex,


 


Please read below


 


A friend of mine who was employed by a recruitment agency was arrested for Fraud by Misrepresentation.

The company he worked for was a company that employed Foreign workers Romanian and Bulgarian workers who were able to work as Self Employed before the restrictions were lifted in January 2014.`

However when he was working for the company the workers were not genuine self employed and 95% of the 500 workers could not obtain a National Insurance from the Department of Working Pensions (letters were provided to the Police). Also the companies solicitors also informed the Directors they were not genuine self employed and they were classified as workers (Letter of this was also provided to the Police)

Also there were other aspects such as the director trading through another company without accounts being done and there were testimonials from clients and workers and all these were provided to the police.

Whilst he was working there the directors did all the payments to the workers he never had any access to the payments or the Banks except banking cheques when they arrived.
One of the Directors then asked him if they could use his accounts to divert some of the monies into his account which he said was OK obviously he was paid for this.

Then in October 2012 he was asked by one of the workers that they had been to the DWP for a National Insurance Number 7 times and they were refused and they wanted to know there legality ie status and he informed the worker they were not genuinely self employed and they were classed as workers and the company was operating illegally and she should have a work permit which she never had and she could be prosecuted or fined.

The directors found out and they sacked him and implicated him in trying to steal the money which he denied and told the police the money had never been spent and its in the account and it has never been touched which the police confirmed.

The money has since been given to the company by the CPS and he has been on bail since October 2012 till now and still waiting to know if he is to be charged.

Can all the documents be used that the company was trading illegally. The last time he was interviewed by the police in December 2013 the officer kept stating it was illegal for which he replied yes he is aware of that but then the company has avoided paying PAYE and non of the workers had a work permit either for which he never replied and non of them have been paying Tax or National Insurance as they could not obtain a National Insurance Number so effectively they were getting cash in hand.


 


Can these be used in his defence?

Expert:  Ash replied 3 years ago.
If it is relevant then they can use whatever they want in defence.

Alex

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Hi Alex,


 


A letter was received in regards from the police in regards to the Fraud investigations (£47,000.00) it had 2 boxes the one which stated the following was crossed


 


The bail is to be cancelled due to the fact there is an unrealistic chance of a conviction.


 


However they stated that the file will remain open if further evidence comes to light and there can be a chance of a rearrest. Please note that the investigation has been going since October 2012.


 


Is this just a normality and the case come to close then?